The United States District Court for the Southern District of Iowa certified two questions to this court arising out of a products liability action. The two certified questions are:

1. Will the Iowa Supreme Court adopt sections 16 and 17 of the Restatement (Third) of Torts: Products Liability governing liability for enhanced injury, specifically, including rules of joint and several liabi... More...   $0 (10-09-2009 - IA)

This consolidated appeal arises from several wrongful death actions brought by the survivors of passengers killed in the crash of a McDonnell Douglas MD-82 aircraft, operating as West Caribbean Airways Flight 708, in the mountains of Venezuela. All of the appellants/cross-appellees, plaintiffs in the proceedings below (“Plaintiffs”), are natural persons and residents of Martinique, a Departmen... More...   $0 (10-08-2009 - )

Plaintiff, Shelby County Health Care Corporation (“the Med”), filed this action pursuant to the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (“ERISA”), challenging the decision of Majestic Star Casino, LLC (“Majestic”), the plan administrator of The Majestic Star Casino, LLC Group Health Benefit Plan (the “Plan”), to deny the Med’s claim for benefits. The M... More...   $0 (10-03-2009 - TN)

This appeal involves applicability of the doctrine of forum non conveniens to claims arising out of the death of a Washington resident while scuba diving off the coast of Mexico on an expedition arranged by the resort at which he was staying in Cabo San Lucas. In particular, it poses the question whether a claim implicating the Death on the High Seas Act (DOHSA), 46 U.S.C. § 30301 et seq., is sub... More...   $0 (10-02-2009 - WA)

Iris Probkevitz, as Personal Representative of the Estate of Denise Probkevitz, appeals the denial of her motion for new trial and the entry of an adverse final judgment in this wrongful death action. We reverse and remand for a new trial because the trial court impermissibly allowed the introduction of evidence of negligence and allowed the jury to consider such evidence. Furthermore, the trial c... More...   $0 (09-24-2009 - )

We affirm the final judgment rendered after a jury verdict in favor of the plaintiff in an automobile negligence case. Two of the issues raised by appellant were not preserved for appeal. As to the third, the trial court did not abuse its discretion in admitting evidence.

Appellant failed to preserve its objection to the trial court’s denial of appellant’s use of a peremptory challeng... More...   $0 (09-23-2009 - FL)

Appellants appeal from a jury verdict finding appellant Mini Mart liable, and appellants Anderson Oil and Texaco, Inc., vicariously liable, for catastrophic injuries suffered by respondent Louis Jamison (Louis) in a one vehicle automobile accident. We reverse the vicarious liability verdicts against Anderson Oil and Texaco, finding no evidence that Mini Mart was their actual agent for purposes of... More...   $0 (09-21-2009 - SC)

Patrick O'Neil died of mesothelioma. His widow, appellant Barbara O'Neil (individually and as successor in interest to Patrick O'Neil), and his children, appellants Michael O'Neil and Regan Schneider, sued respondents Crane Co. and Warren Pumps LLC for negligence, negligent failure to warn, strict liability for failure to warn, and strict liability for design defect on the consumer expectation the... More...   $0 (09-18-2009 - CA)

On January 18, 2003, at 6:38 a.m., a Cirrus SR-22 aircraft with identification number N9523P crashed near Hill City, Minnesota. The pilot and owner of the aircraft, Gary Prokop, and his passenger, James Kosak, were both killed in the crash. Their trustees, Thomas Gartland and Rick Glorvigen, appointed under the Minnesota wrongful-death statute, brought claims against Cirrus, the airplane manufactu... More...   $0 (09-16-2009 - MN)

Defendant Foster Wheeler LLC appeals from the judgment entered against it after a jury trial. Defendant contends the trial court erred in refusing to enter judgment in its favor based on the jury‘s positive finding on the federal ―government contractor defense.‖ Defendant also claims the court erred in refusing to instruct on the ―sophisticated user‖ doctrine, and that the jury‘s findi... More...   $0 (09-11-2009 - CA)

Lydall Thermal/Acoustical, Inc., Lydall Thermal/Acoustical Sales, LLC, and Lydall, Inc. (collectively, “Lydall”) appeal from the U.S. District Court for the Eastern District of Michigan’s final judgment of noninfringement. Lydall Thermal/Acoustical, Inc. v. Federal Mogul Corp., No. 07-cv-12473 (E.D. Mich. Nov. 19, 2008) (Dkt. No. 55). The final judgment was entered pursuant to a stipulation ... More...   $0 (09-08-2009 - )

This is a personal injury case in which a jury awarded medical expenses but failed to award any damages for physical impairment or physical pain/mental anguish. In a single issue, appellants Leonardo Cesar and Edna Luna contend the jury's findings of no past damages for physical pain and mental anguish are against the great weight and preponderance of the evidence. Appellee, Juan Ibarra Torres, ma... More...   $0 (08-31-2009 - TX)

[¶1] Philip and Letitia Abromats request relief from summary judgment granted to Don and Brenda Wood, claiming that the district court erred when it found that one allegedly defamatory statement contained in a victim impact statement was not libel per se and that the other allegedly defamatory statement was protected by qualified immunity as a statement concerning a common interest. The Woods, in... More...   $0 (08-26-2009 - WY)

The Family and Estate of Richard Kunzler sued the Utah Department of Transportation on a governmental tort theory and Stake and Parsons Construction Company for the wrongful death of Mr. Kunzler in an auto accident on I-15 just south of Spanish Fork on July 18, 2006. Plaintiffs claimed that Mr. Kunzler was driving northbound on I-15 at or about the 75-mph speed limit. As he topped the bridge at... More...   $4000000 (08-26-2009 - )

[¶1] Appellant, Aviat Aircraft, Inc. (Aviat), seeks review of the district court’s “Judgment in Accordance with Verdict.” We will explain the details below, but we briefly note here that Aviat actually appealed from a decision of the district court that was made independent of, but which was subsumed into, the above identified “Judgment.” We also note that Aviat filed a motion for new t... More...   $0 (08-14-2009 - WY)

Plaintiffs-Appellants Marylon Marie Boyd, Isabel Gonzales, and Kanani Boyd (the Boyd Family), who are the mother and daughters of Cammerin Boyd (Cammerin), appeal the district court’s judgment in favor of Defendants- Appellees, the City and County of San Francisco and police officers James O’Malley and Timothy Paine (collectively, San Francisco). The Boyd Family alleges that the district court... More...   $0 (08-08-2009 - CA)

This case arises out of a collision on June 16, 2006, in which Willis C. Green was killed when his vehicle was struck by a police vehicle driven by Defendant Pueblo County Sheriff’s Department Deputy Jonathon Post. Plaintiffs, Barbara Green, the surviving spouse of Willis Green, and her two children, Stephen and Randy Green (collectively “the Greens”), sued Deputy Post and others,1 alleging ... More...   $0 (08-07-2009 - CO)

¶ 1 The instant matter is an action based on claims of negligence, breach of warranty and strict liability stemming from a single engine aircraft crash.1 Appellants, the adult children of decedents Ronald Moyer and Judy Moyer, appeal from the trial court’s Orders granting summary judgment in favor of Appellee Teledyne Continental Motors, Inc. (hereinafter “TCM”), and Appellee Piedmont Hawth... More...   $0 (07-30-2009 - PA)

The plaintiff-appellant, Richard Clinton, appeals from the judgments of the Superior Court dismissing his personal injury action against the defendants-appellees, Enterprise Rent-A-Car Co. (“Enterprise”) and Anthony Gene Shamblin, pursuant to Superior Court Civil Rule 12(b)(6).1

Clinton makes three arguments on appeal. First, he contends that the Superior Court erred in applying Delaw... More...   $0 (07-29-2009 - DE)

Luis Jimenez sued Martin Memorial Medical Center on unlawful detainer, deprivation of liberty theories and false imprisonment theories after he was shipped by air ambulance from the hospital to Guatemalan against his will. Luis Alberto Jiménez was rendered a quad and suffered brain damage when the vehicle in which he was a passenger was hit by another vehicle. He became a permanent patient at M... More...   $0 (07-28-2009 - FL)

This case concerns an injury to a sea captain and the subsequent settlement of his claims by the third-party plaintiffs. The present appeal arises out of the third-party plaintiffs' attempt to recover the sums paid to settle the maritime personal injury action. Specifically, the third-party plaintiffs seek indemnity, contribution and equitable subrogation from the third-party defendants, who alleg... More...   $0 (07-21-2009 - FL)

On April 4, 2006, decedent, Charles Christopher Gaston, age 17, was killed while descending a public parking garage stairwell when a stair stringer collapsed and, as a consequence, a staircase fell on him from above. On April 11, 2006, plaintiff, decedent's father Charles Gaston, Jr., filed a complaint alleging negligence and willful and wanton misconduct against defendant, the City of Danville (h... More...   $0 (07-17-2009 - IL)

Kathryn Schlotzhauer, the widow of Roland Schlotzhauer, who was killed in a helicopter crash in June 2006, sued the pilot, Richard Green and others for her husband's death on a negligence wrongful death theory. The helicopter, which Green was flying for a movie production company and carrying Schlotzhauer, a photographer, Tony Wilson, the producers. They were photographing shots for a movie about... More...   $0 (07-14-2009 - IA)

At issue today is whether the district court erred in dismissing the plaintiff’s negligence suit arising out of an accident in which her husband, a sergeant in the United States Army, was severely injured in May 2004 while serving as an armed escort for a large military convoy traveling through a war zone in Iraq. The district court held that the suit was non-justiciable on political question gr... More...   $0 (07-11-2009 - )

[¶1] Appellants, Wesley White and Carole Kenney, challenge the district court’s order dismissing their complaint pursuant to W.R.C.P. 37(b)(2)1 as a sanction for their failure to comply with two orders compelling discovery. We affirm.

ISSUE

[¶2] Did the district court abuse its discretion when it dismissed Appellants’ cause of action pursuant to W.R.C.P. 37(b)(2)?

... More...   $0 (07-10-2009 - WY)